I work a third shift job, and I have noticed that for the past two weeks, my manager takes my time card before I have a chance to punch in and out. When I have remarked about this, he says he'll do it for me. The problem that I have with this is that not only is it against the company policy, but I believe it's breaking some federal law as well. Am I correct about that?? Also, I've noticed that when the time is calculated from the time card, it's not the actual hours worked, it's what the scheduled time is. For example, my schedule is from 11pm to 7am. The company wants me to be here 10 minutes early, and I usually have to stay 5 to 10 minutes late for the nest shift. But when I get my paycheck, it's a straight 40 hours, no overtime. This can't be right, can it????? PLease help!

It is not a violation of any Federal law for your manager to complete your time card.

But if you are not being paid for all the time worked, that is a violation.

And it sounds like you have reason for a claim.

The FLSA states that rounding may be applied, but only if consistently (no matter to whose benefit the rounding accrues) and that the rounding must be to no more than the nearest quarter-hour.

Let's look at an example. Beginning work at 6:50 (if the employer requires you be there 10 minutes prior to the beginning of the shift, then such employer requirement would make the time compensable) could be rounded to 6:45; it cannot be rounded to 7:00. Ending work at 3:35 could be rounded to 3:30. That would be a legal application of the regulation as regards pay.

Are you actually working those 10 minutes?

Actually, I'm not sure it matters. If the employer requires the employee be there 10 minutes early, then he is "engaged to be waiting".

That's what I'm trying to determine. If the OP is required to be there 10 minutes early for work or if it is similar to the other situation at the airport where the employee needs to arrive 10 minutes early to the property in order to be able to start the shift on time.

That's what I'm trying to determine. If the OP is required to be there 10 minutes early for work or if it is similar to the other situation at the airport where the employee needs to arrive 10 minutes early to the property in order to be able to start the shift on time.

Gotcha. Having a focusing issue today. ;)

OP - you indicated in your post that you are not being paid for actual hours worked.

We still need for you to verify that you are actually working these 10 minutes before & after your shift.

Thanks.